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09-0923_CRA_Minutes_Adjourned Regular Meeting_BMINUTES September 23, 2009 Joint Workshop SAN JUAN CAPISTRANO CITY COUNCIL COMMUNITY REDEVELOPMENT AGENCY PLANNING COMMISSION Mayor Nielsen called the Adjourned Regular Joint Meeting of the San Juan Capistrano City Council, Community Redevelopment Agency and Planning Commission to order at 5:37 p.m. in the City Council Chamber. ROLL CALL COUNCIL MEMBERS & COMMUNITY REDEVELOPMENT AGENCY PRESENT: Sam Allevato, Tom Hribar, Laura Freese, Mayor pro tem Dr. Londres Uso and Mayor Nielsen COUNCIL MEMBERS ABSENT: None PLANNING COMMISSIONERS PRESENT: Bruce Tatarian, Ginny Kerr, James Mocalis, Robert Williams, Vice -Chair Gene Ratcliffe, and Chair Sheldon Cohen. PLANNING COMMISSIONER ABSENT: Tim Neely PLEDGE OF ALLEGIANCE: Chairman Cohen led the Pledge of Allegiance ORAL COMMUNICATIONS Lennie DeCaro, City resident, spoke regarding concerns with open space deals, and requested that the Open Space Committed be subjected to disclosure of conflict of interest. DISCUSSION ITEM C1. ARCHITECTURAL CONTROL (AC) 09-019 AND GRADING PLAN MODIFICATION (GPM) 09-004 "THE ORCHARDS", CONTINUING CARE RETIREMENT COMMUNITY - No action taken. Grant Taylor, Assistant Community Development Director summarized the staff report. Presentation and introduction of the proposed development by members of the development team who contributed a power point presentation with the project background overview and a video clip: • Richard Aschenbrenner, Continuing Life Communities • Troy Bourne, Continuing Life Communities 9-23-2009 Public Comments: • Bob King, City resident, expressed opposition to the project by spot zoning, suggested the need of a CDP and had concerns with environmental impacts and safety. • Jim Reardon, City resident, felt it is a beautiful project and should be treated as a development, questioned the projects relation to open space and ask Council to step back from the Option Agreement. • Kim Lefner, City resident, expressed concerns with the density, potential traffic impacts and double -tracking and opposed the Option Agreement. • Clint Worthington, City resident, opposes the project due to increased need of water for development. • Dave Solt, City resident, opposes the project because of need for more affordable housing and the impacts that would be made on the community to develop the project. • Ilse Burns, City resident, concerned the proposed trail system from San Juan to Nellie Gail would be impacted and encouraged trail connections. • Mike Dolton, City resident, operates nursing homes and felt project is a great opportunity for senior care. • Cathleen Brennan, City resident, expressed opposition and felt project is too dense, contrary to preservation of open space and that downtown revitalization needs should be addressed in its place. • Dave Ferrell, City resident, expressed support of project, mentioned his tour of other CLC properties and was impressed with the development and amenities offered. • Kate Roberts, City resident, requested clarity for costs involved, projected revenue figures and concerned with private, unelected citizens making decisions. Lennie DeCaro, City resident, felt Conflict of interest code should expand to include ©pen Space Committee Members. • Marsha Norman, City resident, questioned the difference between open space funding vs. community redevelopment funding.- * Larry Kramer, City resident, suggested modification to the plan for access to neighboring orchards. Planning Commission Comments; • Floor Area Ratio (FAR) should be 0.25 to 0.40 not 0.52. • Concern with lack of public benefit. • Concern with dark corridor and night lighting. • Access and traffic circulations concerns. • Concern with density, parking, grading and main building surrounded by paving. • Project needs low Hacienda Style buildings. • Designs issues can be improved. • Project provides stability. • Concerns with retaining walls. • Concern with three story building. • Concern with the view corridor to the City's northern, gateway. • Needs additional design work. 9-23-2009 City Council/Community Redevelopment Agency Comments: • Project needs to have a revenue benefit to the City. • Any project in this location will be a massive impact. • Project needs to go through the review process. • Preference in the height not to exceed 35 feet. • Floor Area Ratio (FAR) needs to be addressed. • Project should plan for employee housing. • Less desired land uses could occur. • Project is too massive for the City's northern gateway. + Project needs to ft with the unique characteristics of the City. • Preference in not having the utilities on the rooftop. + Concerns with the Option Agreement. • Concern with lack of open space and public benefit. • City's senior housing is adequate, but there is more need for workforce housing.. • Redevelopment Agency property taxes cannot be used for public services. • Site would be appropriate for a hotel with equestrian amenities and a winery. • Project might need to be spread out to lessen the impact by reducing the density. • Project needs trail connections. + Option agreement does not change the proposed project. • Project has potential to generate approximately 13 million in fees and annual ongoing revenues. + Floor Area Ratio (FAR) maximums are not a guarantee, and approvals are within the discretion of the City Council. • Carlsbad facility is beautiful and top quality. • Property is zoned for development and not designated as open space. • Trails and trail connections behind property need to be implemented within the project. • Water needs to be treated appropriately. • Significant public benefit needs to be provided to the City in order to take on liability on railroad crossing entitlements. • Project is worth going through the process. CONSENT CALENDAR (City Council Item) D1. RESOLUTION NO. 09-09-23-01 ADOPTED, APPROVING APPLICATION FOR GRANT FUNDS FROM THE HABITAT CONSERVATION FUND PROGRAM (530.25) Steve Apple, Community Development Director, provided a staff report .and responded to questions. 3 9-23-2009 Public Comment: • Kim Lefner, City resident, spoke regarding concerns with where the matching funds for the grant applications will come from and who will manage the funds. • Lennie DeCaro, City Resident, spoke regarding concerns with the 25% of matching funds coming from the City's general fund. Council Comment: • General .Fund proceeds are not to be used as matching funds for grants. Council Action: Moved by Council Member Freese, seconded by Council Member Hribar, and carried . unanimously to adopt RESOLUTION NO. 09-09-23-01, entitled "A RESOLUTION OF. THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE HABITAT .CONSERVATION FUND PROGRAM'; with a maximum 25% match from bond proceeds. ADJOURNMENT City Council: Mayor Nielsen adjourned the City Council and Community Redevelopment Agency meeting at 10:45 p.m. to Tuesday, September 29 at 5:00 p.m, for a Business Session, and then to.the Regular Meeting of Tuesday, October 5, 2009 at 5:30 p.m. for Closed Session and 6:30 p.m. for the public Business Session, in the City Council Chamber. Planning Commission: Chairman Cohen adjourned the Planning Commission meeting at 10:45, p.m. to Tuesday, October 13, 2009 at 6:30 p.M/for the Regular Business Session, in the City Council Conference room. J ,1 Respectfully submitted, bmitted, If kl� GRANT TAYLO , COMMISSION SECRETARY M IA RIS, ACTT CITY CLERK Approved. October 20, 2009 ATTEST: N THOMAS W. HRIBAR, CHAIRMAN 4 9-23-2009